When purchasing automobile insurance in Pennsylvania, all drivers are required to select either the “Limited Tort” or “Full Tort” option.  Before making this choice, it is important to understand that the option that you select may have a significant impact on your ability to recover for injuries sustained in a motor vehicle accident. 

The “Limited Tort” option limits recovery to medical and other out-of-pocket expenses only, unless the injuries suffered are extremely serious in nature. The “Full Tort” option allows recovery for pain and suffering and other non-monetary damages, in addition to out-of-pocket expenses, regardless of the severity of injury.

Many people who are injured in a motor vehicle accident and carry “Limited Tort” believe they cannot bring an action for pain and suffering (non-economic damage). It is important to understand that there are several exceptions which allow a “Limited Tort” driver to recover as if they have elected the “Full Tort” option. 

If the driver that causes the accident is convicted of DUI, or is operating an out-of-state vehicle a “Limited Tort” driver can recover as if they were “Full Tort.”  Additionally, if a “Limited Tort” driver is injured while a passenger in a commercial vehicle, they may recover as if they were “Full Tort.” 

If you are injured in a motor vehicle accident and have questions regarding your tort status, please call me here in Stark & Stark’s Yardley, Pennsylvania office to set up a free consultation to review your case.